Matome granted bail

GIDEON NKALA
Staff Writer | Monday November 29, 2010 00:00

 

High Court judge Stephen Gaongalelwe granted Matome bail pending his appeal on Friday.

Matome had been serving an effective three-year sentence after he was convicted by Gaborone South Regional Magistrate, Lot Moroka, on charges of corruption.

He has served well over a month since his conviction. 'The applicant is hereby granted bail pending the hearing of his appeal,' reads the order. The bail is still premised on the conditions that were applicable in the bail given at the lower court,' Justice Gaongalelwe said. When giving his ruling, the judge said on considering the application, he was merely concerned with whether the appeal had prospects of success or it was doomed to fail.

'The test at this stage is not whether the prosecution has proved the guilt of the applicant beyond reasonable doubt or not but it is only whether the applicant has demonstrated that he would have an arguable appeal as opposed to one which is doomed to fail.'

He further observed that a number of controversial issues arise from whether Matome attended the briefings made to President Festus Mogae and Cabinet; what the presentations covered and whether such hearings had any bearing on the allocation of Plot 55720.

He observed that there is another raging controversy on whether the penal code was properly interpreted in the disposal of Plot 3084. Taking all these controversies, the judge said it is his considered opinion that all these circumstances taken into account, the applicant (Matome) might have an arguable appeal in the end.

'Besides, it has not been suggested that the interests of justice might be prejudiced by his release,' he said.

An elated Matome told The Monitor after the ruling was handed down: 'I am very grateful that I will go home and be with my family.'

Attorney Vergel of Collins Newman, who was in court to note the ruling, told The Monitor that as representatives of Matome, they are happy that his bail is out of the way so that they can concentrate on the appeal.